Divorce Law Changes, Made by Kerala High Court & About Sri Aurobindo

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Section 10A of the Divorce Act, 1869

  • Recently, the Kerala High Court stated that the stipulation of the period of one year or more for filing a divorce petition by mutual consent under Section 10 A of the Divorce Act, 1869 violates fundamental rights and is unconstitutional.

  • The court suggested to the Union government that there should be a uniform marriage code in India to promote the common welfare and good of spouses in matrimonial disputes.

  • The Section 10A is discriminatory because of the reason that different communities in equal circumstances are given different treatment.

  • The legislature cannot take away liberty without adequately safeguarding the interest of the individuals whose interests to seek remedy are affected even if such legislation intends to achieve laudable objectives.

What is the Source of Section 10A of the Indian Divorce Act,1869?

  • The one-year period is stipulated in Section 28(1) of the Special Marriage Act, Section 13B (1) of the Hindu Marriage Act and Section 32B (1) of the Parsi Marriage and Divorce Act.

  • Earlier the Section 10A of the Indian Divorce Act mandated a 2-years waiting period for the application of divorce.

Sri Aurobindo

The Prime Minister of India will participate in a programme commemorating Sri Aurobindo’s 150th birth anniversary.

About Sri Aurobindo

Born: in Calcutta on 15th August 1872

Early Life:

  • Primary education from England - St. Paul's School, London, and at King's College, Cambridge.
  • Returned to India in 1893 and worked for the next thirteen years in the Princely State of Baroda and as a professor in Baroda College.
  • Contributions to India's Freedom Struggle:
  • He also joined a revolutionary society and took a leading role in secret preparations for an uprising against the British Government in India.
  • In 1906, soon after the Partition of Bengal, Sri Aurobindo quit his post in Baroda and went to Calcutta, where he soon became one of the leaders of the Nationalist movement.
  • He was the first political leader in India to openly put forward, in his newspaper Bande Mataram, the idea of complete independence for the country.

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